Prospective

Schedule 2 (distinctness, stability and sufficient uniformity) U.K.

8.—(1) In Part I of Schedule 2, after paragraph 1 insert—

“1A.— (1) A plant variety of a conservation variety is regarded as distinct if it satisfies the characteristics referred to in—

(a) the technical questionnaires associated with the test protocols listed in Annex I to Directive 2003/90 applicable to the species in question, or

(b) the technical questionnaires of the test guidelines listed in Annex II to that Directive, applicable to the species in question.

(2) In this paragraph, “Directive 2003/90” means Commission Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species(1), as amended from time to time.”.

(2) In Part III of Schedule 2—

(a) omit the word “or” immediately preceding paragraph (d); and

(b) at the end of paragraph (d), add—

“or

(e) any conservation variety”.

Commencement Information

I1 Reg. 8 in force at 30.6.2009, see reg. 1

(1)

OJ No L 254, 8.10.03, p 7; last amended by Commission Directive 2007/48/EC (OJ No L 195, 27.7.07, p 29).